coastalcph/lex_glue huggingface dataset:
5.  The applicant was born in 1969 and lives in Budapest.
6.  At the material time, the applicant lived in the United States. On 14 January 2001 she arrived in Hungary on a visit. She had a laptop with her which she had bought on 9 January 2001 in the United States for 1,624 US dollars (approximately 1,500 euros (EUR) at that time). She did not declare it to the airport customs authority, since in her opinion it constituted a ‘travel item’, exempted from customs duty, within the meaning of section 110 of Act no. C of 1995 and section 185(3) of the implementing Decree of the Act.
7.  Although she specified to the authorities that she was living abroad and had no intention of importing the laptop into Hungary but intended to take it back to the United States on departure, the customs authority nevertheless seized the laptop and filed a criminal report, charging the applicant with smuggling.
8.  A bill of indictment was preferred by the Budapest X/XVII District Public Prosecutor’s Office on 28 April 2001. In the bill of indictment, the prosecutor proposed that the seizure of the laptop be discontinued according to section 102(1) of Act no. I of 1973 on the Code of Criminal Procedure and that the applicant be ordered to pay the value of the item instead of its confiscation.
9.  On 9 May 2001 the Pest Central District Court, without holding a hearing, found the applicant guilty as charged, imposed a fine of 23,000 Hungarian forints (HUF; approximately EUR 90) and ordered the release of the laptop on the payment of another HUF 100,000 (approximately EUR 390) as ‘value equivalent to confiscation’ (elkobzás alá eső érték).
10.  On 23 June 2001 the applicant requested a hearing, seeking her acquittal.
11.  No hearing took place subsequently, and the laptop remained under seizure.
12.  On 24 April 2006 the District Court found that the case was statute-barred and discontinued the proceedings. It ordered the release of the laptop. This decision became final on 2 June 2006.
13.  On 28 June 2006 the customs authority invited the applicant to recover the laptop.
14.  The applicant submitted that during these proceedings she had moved back to Hungary. On her repatriation, she could have imported her belongings, including the laptop, free of customs. However, its release was in these circumstances nevertheless subject to the payment of customs duty. Since the laptop had meanwhile become technically outdated and thus worthless, she decided to have it returned to the United States rather than recover it.
5.  The applicant was born in 1972 and lives in Vilnius.
6.  By an agreement of 18 July 2000 and an order of the Vilnius Region Administration of 21 June 2000 the applicant acquired from the State a plot of land measuring 0.2 ha for 59,776 Lithuanian litai (LTL; approximately 17,312 euros (EUR)) and registered it in the land registry in her name. According to the documents issued by the authorities, the plot was designated for residential use (namų valda). The applicant had previously, in 1999, acquired from a private person the remains of a burned-down house (registered in the real estate registry) which stood on that land, with the intention of renovating it.
7.  In December 2002 after establishing that the sale was not in accordance with the law, a public prosecutor applied to the courts to have the sale contract and related legal acts of the authorities annulled in order to protect the public interest.
8.  On 23 September 2003 the Vilnius 1st City District Court dismissed the claim. That decision was upheld by the Vilnius Regional Court on 18 December 2003. The courts rejected the arguments of the prosecutor that the applicant had not been entitled to buy the plot for residential use and that residential use of the land was no longer possible; however, on 26 April 2004 the Supreme Court remitted the case for re-examination.
9.  On 10 February 2005 the Vilnius 1st City District Court dismissed the claim again.
10.  On 17 June 2005 the Vilnius Regional Court overturned that decision and granted the claim; the applicant and her lawyer participated in the hearing. It was established that in 1999 to 2000 the State’s plot had not been used as “residential land”, and its sale had breached Government Resolution no. 260 of 9 March 1999 and the Law on Territorial Planning.
11.  The transfer of title to the applicant was annulled and pursuant to Article 1.80 of the Civil Code the land was returned to the State while the applicant received back the money she had paid for it.
12.  On 13 February 2006, by way of written proceedings, the Supreme Court dismissed a cassation appeal lodged by the applicant as unfounded.
13.  According to the information submitted by the parties, in 2011 the disputed plot was assigned for restitution to a private individual, V.J. The applicant was still the owner of the remains of the house; however, its use or renovation was uncertain, given that she had no right to use the area of land on which the house stood.
4.  The applicant was born in 1953 and lives in Barcelos (Portugal).
5.  On 21 September 2007 the applicant lodged a request to be granted permanent disability with respect to work before the Public Prosecutor of the Barcelos Labour Court as a consequence of a labour accident that he had suffered (domestic proceedings no. 697/07.0TTBCL).
6.  Following the applicant’s request, the Public Prosecutor initiated the conciliatory stage of the proceedings with a view to an agreement between the parties.
7.  On 12 February 2008 the applicant was submitted to a medical examination in accordance with a Public Prosecutor’s order. After the examination, other medical specialty exams were requested by the Public Prosecutor.
8.  The hearing with a view to the agreement took place on 19 January and continued on 26 February 2009. On this date the conciliatory stage ended without an agreement between the parties.
9.  On 18 March 2009 the applicant requested the Barcelos Labour Court to continue with the judicial stage of the proceedings against the insurance company and his employer.
10.  Between 12 May 2009 and 18 April 2010 several procedural steps took place, mostly notifications, a preliminary hearing, medical examinations and provision of information from the parties and others to the Labour Court.
11.  The hearing started on 7 May 2010 and continued on 11 and 18 October 2010.
12.  On 16 November 2010 the Barcelos Labour Court delivered its decision, which was challenged by the applicant’s employer.
13.  On 30 January 2012 the Court of Appeal adopted its decision. The applicant appealed against it.
14.  On 30 January 2013 the proceedings ended with the judgement of the Supreme Court of Justice.
4.  The applicant was born in 1976 and lived in Solnechnogorsk of the Moscow Region prior to his arrest.
5.  Between 30 June 2011 and 13 June 2012 the applicant was held in remand prison IZ-50/3 in the Moscow Region in connection with the criminal proceedings against him. The prison was overcrowded. Thus, cell 29 measuring 30 sq. m was equipped with 10 sleeping places and accommodated up to 15 inmates. In support of his allegations, the applicant submitted statements by two cellmates and a plan of the cell he had drawn up.
6.  On 9 December 2011 the Balashikha Town Court of the Moscow Region found the applicant guilty of drug-related offences and sentenced him to six years’ imprisonment.
7.  On 16 December 2011 the applicant lodged a preliminary statement of appeal. The full statement was introduced on 29 December 2011 and contained the following paragraph:
“I request that the appeal complaint be examined in my absence”.
8.  On 21 February 2012 the Moscow Regional Court held an appeal hearing and upheld the conviction. The applicant was absent from the hearing, but his counsel was present and made oral submissions.
5.  The applicant was born in 1962 and lives in Saransk.
6.  In 2005 the applicant brought civil proceedings against the Ministry of Internal Affairs of the Republic of Mordoviya (“the Ministry”) seeking compensation for damage to his health caused during his service in the police (“the compensation”).
7.  On 7 November 2005 the Leninskiy District Court of Saransk (“the District Court”) found in the applicant’s favour and ordered the Ministry: (a) to pay the applicant the compensation due to him for the period from 19 November 2004 to 31 October 2005 in the amount of 77,250.12 Russian roubles (RUB); and (b) starting from 1 November 2005, to make monthly compensation payments to the applicant of RUB 6,892.92 with subsequent indexation in accordance with the law. The judgment was not appealed against and became final on 22 November 2005.
8.  However, on 12 October 2006, following a request lodged by the Ministry, the Presidium of the Supreme Court of the Republic of Mordoviya (“the Presidium”) quashed the final judgment by way of supervisory review and dismissed the applicant’s claims. The Presidium found that the first‑instance court had erroneously applied and interpreted substantive legal provisions which had resulted in their significant violation. The Presidium held that there was no basis under domestic law for awarding the applicant the compensation sought and that he was entitled instead to insurance payments. The applicant did not provide the Court with information as to whether he had applied for those payments and/or was receiving them.
9.  The District Court’s judgment of 7 November 2005 had been duly enforced until it was quashed by way of supervisory review.
5.  The applicant was born in 1977 and lives in Ljubljana.
6.  The applicant was detained in the closed section of Ljubljana prison from 5 May 2009 to 26 May 2009, in the remand section from 25 August 2009 to 11 February 2010, from 11 March 2011 to 22 March 2011 and from 8 June 2011 to 11 January 2012 and again in the closed section from 24 August 2012 to 4 December 2012.
7.  On 25 August 2009 he was held in cell 90 measuring 18.07 square metres (not including a separate 1.75 square metre sanitary facility), shared with four other detainees and with 3.2 square metres of personal space. From 26 August 2009 to 11 February 2010 he was held in cell 50 measuring 8.07 square metres (not including a separate 1.23 square metre sanitary facility) and cell 52 measuring 8.04 square metres (not including a separate 1.25 square metre sanitary facility), alone with almost 7 square metres of personal space or with another detainee with 3.4 square metres of personal space.
8.  The cell for two detainees, where the applicant was held in the remand section, contained one bunk bed, one bigger and one smaller table, two chairs, two wardrobes and two 89 x 54 cm windows, which detainees could freely open or close.
9.  As regards the general characteristics of the cells in the remand section of Ljubljana prison, material conditions inside the cells and sanitary conditions, see the judgment in Mandić and Jović v. Slovenia, nos. 5774/10 and 5985/10, §§ 10 to 23, 20 October 2011.
10.  As to the out-of-cell time in the remand section, the Court found in the aforementioned judgment that detainees in the remand section were confined to their cells day and night, save for two hours of daily outdoor exercise, and an additional two hours per week in a recreation room (Mandić and Jović, cited above, § 78). The Government stated that from 9 February 2011 on detainees could spend three hours per day outdoors.
11.  On 18 December 2009 the applicant lodged the application complaining about the prison conditions of his detention from 25 August 2009. In the supplement to his application of 17 September 2013, he complained also about the conditions of his detention from 5 May 2009 to 26 May 2009, from 11 March 2011 to 22 March 2011, from 8 June 2011 to 11 January 2012 and from 24 August 2012 to 4 December 2012.
5.  The applicant was born in 1986 and lives in Ljubljana.
6.  The applicant served his prison sentence in the closed section of Ljubljana prison in the period between 5 August 2009 and 5 October 2009. He was held in cell 119 which measured 17.51 square metres (including a separate 1.74 square metre sanitary facility), with four or five other prisoners, having between 2.63 and 3.15 square metres of personal space. From 5 August 2009 to 15 September 2009 and from 24 September 2009 to 5 October 2009 six prisoners were held therein, from 15 September 2009 to 24 September 2009 five prisoners were held therein.
7.  As regards the general characteristics of the cells, material conditions inside the cells, sanitary conditions and health care, see the judgment in Štrucl and Others v. Slovenia, nos. 5903/10, 6003/10 and 6544/10, §§ 21 to 32, 20 October 2011.
8.  As to the out-of-cell time in the closed section, the Court found in the aforementioned judgment that sentenced prisoners in the closed section of the prison were locked up in their cells and were only able to leave them if they applied for certain activities, most of which were to take place in the recreation room. There was, however, only one 50‑square-metre recreation room per floor, which was to be used by ten inmates at most (Štrucl and Others § 86).
9.  As regards the cell temperature, the data provided by the Government showed that the average temperature in the cells in the late afternoon (5‑5.30 p.m.) in the second half of July and August 2009 had been approximately 28oC, exceeding 30oC on seven days.
5.  The applicant was born in 1965 and lives in Kranj.
6.  The applicant was detained in the remand section of Ljubljana prison from 31 May 2008 to 29 August 2008. He was again detained in the remand section of Ljubljana prison from 23 April 2009 to 27 January 2010.
7.  In the period from 23 April 2009 to 24 April 2009 he was held for two days in cell 59 alone or with another detainee. From 25 April 2009 to 25 May 2009 he was held for thirty-one days in cell 99 measuring 8.44 square metres (not including a separate 1.39 square metre sanitary facility), alone with 7.05 square metres of personal space. From 26 May 2009 to 27 January 2010 he was held for eight months and three days in cell 50 measuring 8.07 square metres (not including a separate 1.23 square metre sanitary facility), alone with 6.84 square metres of personal space or with another detainee with 3.4 square metres of personal space.
8.  The cell for two detainees, where the applicant was held, contained one bunk bed, one bigger and one smaller table, two chairs, two wardrobes and two 89 x 54 cm windows, which detainees could freely open or close.
9.  As regards the general characteristics of the cells in the remand section of Ljubljana prison, material conditions inside the cells and sanitary conditions, see the judgment in Mandić and Jović v. Slovenia, nos. 5774/10 and 5985/10, §§ 10 to 23, 20 October 2011.
10.  As to the out-of-cell time in the remand section, the Court found in the aforementioned judgment that detainees in the remand section were confined to their cells day and night, save for two hours of daily outdoor exercise, and an additional two hours per week in a recreation room (Mandić and Jović, cited above, § 78).
11.  As regards the cell temperature, the data provided by the Government showed that the average temperature in the cells in the late afternoon (5- 5.30 p.m.) in the second half of July and August 2009 had been approximately 28oC, exceeding 30oC on seven days.
5.  The applicant was born in 1969 and lives in Trlić.
6.  The applicant served his prison sentence in the closed and semi-open sections of Ljubljana prison.
7.  In the period from 25 August 2009 to 22 September 2009 and from 4 November 2009 to 12 November 2009 he was held in the closed section: for two days in cell 4, measuring 18.75 square metres (not including a separate 2.44 square metre sanitary facility) shared with two to four other inmates and with 3.26 to 5.4 square metres of personal space and for thirty‑six days in cell 2 measuring 16.18 square metres (not including a separate 1.7 square metre sanitary facility) shared with two to four other inmates and with 2.9 to 4.8 square metres of personal space.
8. In the period between 23 September 2009 and 3 November 2009 he was held in the semi-open section for forty-two days in cell 137, measuring 17.94 square metres (not including a separate 1.75 square metre sanitary facility) shared with two to four other inmates and with 3.2 to 5.4 square metres of personal space.
9.  As regards the general characteristics of the cells in the closed and semi-open sections, material conditions inside the cells, sanitary conditions and health care, see the judgment in Štrucl and Others v. Slovenia, nos. 5903/10, 6003/10 and 6544/10, §§ 21 to 32, 20 October 2011.
10.  As to the out-of-cell time in the closed section, the Court found in the aforementioned judgment that sentenced prisoners in the closed section of the prison were locked up in their cells and were only able to leave them if they applied for certain activities, most of which were to take place in the recreation room. There was, however, only one 50‑square-metre recreation room per floor, which was to be used by ten inmates at most (Štrucl and Others § 86).
11.  As to the out-of-cell time in the semi-open section, the Government submitted that the cell doors in the semi-open section of the prison were unlocked, except from 9.45 p.m. (on Fridays, Saturdays and before holidays from midnight) until 6.00 a.m. (on Saturdays, Sundays and during holidays until 8.30 a.m.). During this time prisoners could move freely in the corridor (35.7 square metres), living quarters of co-prisoners or in the indoor or outdoor exercise areas, in accordance with prison rules. The Government contended that this regime had been in place for several years.
12.  As regards the cell temperature, the data provided by the Government showed that the average temperature in the cells in the late afternoon (5-5.30 p.m.) in the second half of July and August 2009 had been approximately 28oC, exceeding 30oC on seven days.
4.  The applicant was born in 1981 and lives in the Krasnodar Region.
5.  On 29 November 2010 the applicant was arrested on suspicion of murder. On 27 October 2011 and other dates he was additionally charged with membership in a criminal syndicate and other offences.
6.  On 27 January, 19 April, 19 July, 20 September, 17 October and 25 November 2011, 19 January, 16 April and 19 October 2012 and on other dates the authorised period of the applicant’s detention was extended. Each time the courts relied chiefly on the gravity of the charges against him. On 1 November 2012 the Krasnodar Regional Court considered and rejected, in a summary fashion, the applicant’s and his co-defendants’ appeals against the extension order of 19 October 2012.
7.  The jury found the applicant not guilty of the offences he was charged with. On 19 June 2013 the applicant was acquitted and released. On 30 September 2013 the Supreme Court of the Russian Federation upheld the acquittal on appeal.
8.  Invoking his “right to rehabilitation” under Article 133-135 of the Code of Criminal Procedure, the applicant brought a claim against the Federal Treasury for the loss of income and reimbursement of legal fees. He did not seek any compensation for non-pecuniary damage. By judgment of 28 January 2014, the Krasnodar Regional Court granted his claim in part.
6.  The applicants were born in 1945, 1981, 1971 and 1972 respectively and live in Yerevan.
7.  The applicant Levon Ghasabyan (hereafter, the first applicant) owned a flat which measured 57 sq. m. and was situated at 25 Byuzand Street, Yerevan. The remaining three applicants – the first applicant’s family members who resided in the same flat – allege that they enjoyed a right of use in respect of that flat.
8.  On 1 August 2002 the Government adopted Decree no. 1151-N, approving the expropriation zones of the real estate situated within the administrative boundaries of the Kentron District of Yerevan to be taken for State needs for town-planning purposes, having a total area of 345,000 sq. m. Byuzand Street was listed as one of the streets falling within such expropriation zones. A special body, the Yerevan Construction and Investment Project Implementation Agency (hereafter, the Agency) was set up to manage the implementation of the construction projects.
9.  On 1 December 2004 the first applicant’s flat was valued upon the request of the Agency by a valuation organisation. The market value of the flat was estimated at 23,640 United States dollars (USD).
10.  By a letter of 14 January 2005 the Agency informed the first applicant that his flat was subject to expropriation and that it had been valued at USD 23,640, and offered him this amount as compensation. An additional sum of USD 14,827.01 was offered to him as a financial incentive if he signed an agreement within five days.
11.  By a letter of 18 January 2005 the first applicant expressed his consent to sign an agreement but disagreed with the amount of compensation offered.
12.  On 20 January 2005 the Agency lodged a claim against the first applicant, seeking to oblige him to sign an agreement on the taking of his flat for State needs and to have him and his family members evicted.
13.  On 3 March 2005 the Kentron and Nork-Marash District Court of Yerevan granted the Agency’s claim, ordering the first applicant to sign an agreement for the total amount of USD 23,640 and that he and his family members be evicted.
14.  On 15 March 2005 the first applicant lodged an appeal. The remaining three applicants allege that they unsuccessfully sought to be recognised as parties to the proceedings, despite the fact that they enjoyed a right of use in respect of the flat in question and the fact that their eviction was ordered by the District Court.
15.  On 12 April 2005 the Civil Court of Appeal granted the Agency’s claim upon appeal and dismissed that of the first applicant.
16.  On 27 April 2005 the applicants jointly lodged an appeal.
17.  On 26 May 2005 the Court of Cassation examined the appeal only in its part concerning the first applicant and decided to dismiss it.
18.  On an unspecified date the awarded sum was paid to the applicants.